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METROPOLITAN DADE COUNTY v. ST. CLAIRE

No. 83-386.

445 So.2d 614 (1984)

METROPOLITAN DADE COUNTY, Appellant, v. Anne St. CLAIRE and Douglas St. Claire, Her Husband, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 12, 1984.

Attorney(s) appearing for the Case

Robert A. Ginsburg, County Atty. and Roy Wood, Asst. County Atty., for appellant.

Horton, Perse & Ginsberg and Arnold R. Ginsberg, Brumer, Cohen, Logan & Kandell, Miami, for appellees.

Before HENDRY, DANIEL S. PEARSON and JORGENSON, JJ.

DANIEL S. PEARSON, Judge.

Metropolitan Dade County appeals from an adverse judgment entered upon a jury verdict finding the County liable, through the negligence of one of its police officers, for damages to the plaintiff Anne St. Claire. Finding merit in the County's contentions that the trial court erred in instructing the jury on res ipsa loquitur and that such error was harmful, we reverse the judgment under review and remand the cause for a new trial....

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